Monetary Remedies for Breach of Human Rights: A Comparative Study

(Hardback)

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This book is a comparative analysis of the domestic cause of action for breach of constitutional rights giving rise to a monetary remedy. It begins by describing the cause of action in the United States of America, India and New Zealand, from which it extrapolates a generic structure to the cause of action shared by the three jurisdictions. The relevance of this set of common questions and influences extends beyond those three jurisdictions, leading to a careful assessment of the likely development and shape of the fledgling remedy in the United Kingdom under section 8 of the Human Rights Act 1998. The analytical framework developed is then shown to be relevant as a guide in all jurisdictions in which such a cause of action either exists or may develop in the future. The book will therefore be of interest to scholars and practitioners involved with human rights law throughout the common law world.

Reviews

a fascinating comparative study...Tortell does a thorough and careful job of analyzing the process of submitting legal claims for human rights violations...Legal scholars, social scientists, and graduate students interested in comparative law, human rights and transnational legal learning will benefit immensely from Monetary Remedies for Breach of Human Rights. -- Srini Sitaraman * Law and Politics Book Review, Vol 18, No 2 *
...the real value of this book lies in the pointers given for future development and debate...For those grappling with the complexities of the topic at the domestic level, whether in the United Kingdom, or elsewhere, this book will be a valuable asset. -- Merris Amos * Public Law *

Author Bio

Lisa Tortell is a research fellow at DINMIA - Centre for Social and Economic Change in Lisbon. She holds a DPhil in Law from the University of Oxford and has previously worked as Legal Adviser to the ILO Commission of Inquiry on Freedom of Association in Belarus, as Legal Officer in the ILO, as Assistant Crown Counsel in the New Zealand Crown Law Office and as a Judge's Clerk to the Chief Justice of New Zealand.